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PC Minutes 01-04-2011Chanhassen Planning Commission - January 4, 2011 PUBLIC HEARING: MINNETONKA MIDDLE SCHOOL WEST INTERIM USE PERMIT: REQUEST FOR INTERIM USE PERMIT FOR GRADING FOR TENNIS COURT CONSTRUCTION ON PROPERTY ZONED OFFICE INSTITUTIONAL (OI) LOCATED AT MINNETONKA MIDDLE SCHOOL WEST (6421 HAZELTINE BOULEVARD). APPLICANT: INSPEC, PLANNING CASE 2011-01. Public Present: Name Address Cliff Buhman, Inspec 5801 Duluth Street, Minneapolis 55422 Fauske: Thank you Chairman Aller, members of the Planning Commission. Tonight you have an interim use permit request before you, Planning Case 2011-01 and it’s scheduled to go to the th City Council on January 24. The site is generally located east of Highway 41. Highway 7 lies to the north. The site is currently used for a middle school in the Minnetonka school district, and just for a point of reference on this slide. You can see north of the parking lot there’s a pond and 2 tennis courts directly north of the pond. That’s the area that we’ll be looking at tonight. The proposal includes the reconstruction of the 2 existing tennis courts located north of the pond and the construction of 5 new tennis courts for a total of 7 tennis courts in the project area. The application is for a grading interim use permit. The reason it’s being held before you this evening is that the estimated grading is over 5,000 cubic yards. Anything over 1,000 cubic yards requires a public process through the interim use permit. As you can see on this slide here, there are some areas that the applicant is proposing to do some infiltration areas directly east of the tennis court areas. The reason the infiltration areas are being included as a part of this proposal is that the existing pond was not sized for the additional impervious surfaced associated with the 5 additional tennis courts and they also needed that to comply to the National, to the Non Point Discharge Elimination System permit dealt by the Minnesota Pollution Control Association. So the City has worked with the applicant’s engineer on the infiltration requirements. There are some conditions of approval associated with the vegetation that staff would like to see within those infiltration basins to promote infiltration, as well as looking at the applicant to come up with a long term maintenance plan to make sure that the infiltration areas are working to the best capabilities. The applicant did do some infiltration tests through a soil testing company in conjunction with this. One of the conditions of approval included in the staff report was a realignment of some of the drain tile system. As you can see at the bottom of this slide in the X area, that is the drain tile that staff has requested by removed and relocated to the new solid red line seen near the middle of the slide. The reason for that is two fold. One is, it’s always staff’s intent to try to minimize the number of discharge points into a pond. It helps for maintenance purposes. It also helps when it comes to the function of a pond, if you can minimize the number of points entering the pond it also decreases the amount of stirring as the water enters into the pond. And the other reason we’ve requested that too is, city staff has been working with the school district to relocate a, the Melody Hill water tower which lies east of this site and this is one of the potential sites that we’ve been looking at so we just wanted to be a little forward thinking that in the event that the water tower is relocated to this site, that we wouldn’t have to, that the applicant wouldn’t have to move any of the drain tile. With that staff is recommending 2 Chanhassen Planning Commission - January 4, 2011 the Chanhassen Planning Commission recommend that the City Council approve the Interim Use Permit for the grading for new tennis court construction located at Minnetonka School West, plans prepared by Inspec dated December 3, 2010, subject to the conditions in the staff report and adoption of the Findings of Fact and Recommendation. With that I would be happy to answer any questions that the commission has at this time. Aller: Mark, do you have any questions? Undestad: Not right now. Aller: None? Tom. Doll: It’s an interim, let’s see. What’s the word I’m looking for? Fauske: Interim use permit? Doll: Yes. Meaning that it has a short period of time that it expires? Fauske: It would be a one year period. Doll: Okay. One year period. Fauske: And we do collect an escrow from the applicant to ensure that all the erosion control measures are adhered to as well as the revegetation plan. Doll: Okay, and then they’re expected to complete construction of the tennis courts in the summer? Spring? Fauske: The applicant is present to answer that question. He would be able to give you a better idea of their schedule. They do have some other projects scheduled for this site so he can talk a little bit more about that. Doll: Are these City, is it public tennis courts then or? Fauske: Again the applicant can talk a little bit more about that. Doll: Okay. Aanenson: Can I just make a point of clarification too? Because it’s over 1,000 cubic yards, that’s why it needs to go through the interim use process. Otherwise if it’s under that amount, engineering would just work through their permitting process so that’s why, you know because of the amount of dirt being moved it requires a different level of review so I just wanted to make sure that that was clear too. It’s the amount. Doll: Yep, I was just wondering about the time period and why it doesn’t kind of go with the construction permit. 3 Chanhassen Planning Commission - January 4, 2011 Aanenson: Yeah, typically when you see a grading permit, usually they’re with the construction of another project so grading’s a part of that. Because they’re only doing grading at this time, we still want to have some control over that it’s not causing erosion and maintaining that so that’s why the conditions are put on there. Yeah, it’s a separate process. Doll: Okay. Aller: Anyone else? Thomas: I don’t have any questions. Aller: Kevin? Ellsworth: No Mr. Chair, thank you. Aller: In the report it looks like the infiltration tests were performed 60 feet west of the proposed area. Infiltration area, and also there was a comment that it appears that a rain event exceeding the 10 year might flood the courts. Has that been addressed or looked into? Fauske: That’s one of the, one of the recommendations to be moved so that, and lower the rim elevation to try to keep that temporary flooding at a minimum. The anticipation is the courts would not be in use during a 10 year rain event, and the temporary inundation would damage the courts. Aller: That’s what I have. Thank you very much. Fauske: You’re welcome. Aller: Is there an applicant present? If you could come up to the podium and state your name and address. Cliff Buhman: Good evening. My name is Cliff Buhman. I’m project manager for this project with Inspec and I’m here to answer any questions. I probably could answer the one previously stated. As far as the intent for the facilities, they will be shared with the community besides the school, but because of the demand for tennis within the Minnetonka school systems, not only this project but there’s another project where they’re proposing to add some more tennis courts at one of the other middle schools. Doll: I was just curious and when I went to middle school, tennis was not one of the, they weren’t building tennis courts so I was just kind of curious. Aller: And then the other question we had was regarding the time line. Cliff Buhman: Yes, it’s anticipated or hopeful that we can construct this, have it constructed it this summer, 2011. 4 Chanhassen Planning Commission - January 4, 2011 Aller: Any other questions? Thomas: No. I don’t think so. Ellsworth: No. Aller: Alright, thank you very much. Appreciate you coming. And now we have time for a public hearing and I’d invite anybody that’s here on this matter to step forward to the microphone. State your name and address and make comment if you would. Is anyone here on the, Minnetonka okay. So having no one come up we’ll close the public hearing. Comments. Ellsworth: No comments Mr. Chair. Thomas: Looks good. Aller: Discussion. Okay, entertain a motion. Undestad: I’ll make a motion that the Chanhassen Planning Commission recommends the City Council approve the Interim Use Permit for grading for new tennis court construction located at Minnetonka Middle School West, plans prepared by Inspec dated December 3, 2010, subject to conditions in the staff report and adoption of the Findings of Fact and Recommendation. Aller: Do I have a second? Thomas: Second. Aller: A motion and a second. Any further discussion? Undestad moved, Thomas seconded that the Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit for grading for new tennis court construction located at Minnetonka Middle School West, plans prepared by Inspec dated December 3, 2010, subject to adoption of the Findings of Fact and Recommendation and the following conditions: 1.Adequate sediment and erosion control practices must be installed prior to any earth- disturbing activities. 2.All silt fence shall use metal t-posts and shall be consistent with City Detail Plate No. 5300. Include detail on sheet 5. 3.Rock construction entrance locations shall be shown on the plan and should be placed such that construction traffic does not cross the proposed infiltration areas. Rock construction entrances shall be consistent with City Detail Plate No. 5301. Include detail on sheet 5. 5 Chanhassen Planning Commission - January 4, 2011 4.Infiltration areas shall be protected from sediment deposition and compaction resulting from construction equipment throughout construction. This must be noted on the plans along with all other areas to be protected. 5.Category 3 erosion control blanket shall be used on all disturbed slopes with positive flow to the pond unless sod is to be placed and staked. 6.The applicant is responsible for procurement of the NPDES General Permit to Discharge Stormwater Associated with Construction Activity prior to any earth-disturbing activities. A full SWPPP will need to be prepared and submitted to the City for review and approval prior to any earth-disturbing activities. The SWPPP must include all components identified in Parts III and IV of the permit. 7.Redundant erosion control measures shall be included at the two new inlets to the pond. Floating silt curtain should be used at the more southerly inlet but a second line of silt fence may be adequate at the other new inlet. 8.The infiltration design and maintenance shall be consistent with the 2008 Minnesota Stormwater Manual; in particular Chapter 12 and Appendix D. 9.Protection must be provided to assure that construction equipment is not tracked over the proposed infiltration areas, materials are not stockpiled in this areas and sediment deposition does not occur in these areas. This is most commonly accomplished through the use of silt fence. Further, this should be noted on the plan set, in the SWPPP and within the project specifications manual. 10.Infiltration features must be separated from the ground water by a minimum of three feet. Provide boring data to confirm this separation. 11.As the infiltrometer tests were performed approximately 60 feet west of the proposed infiltration area and the infiltration rates are under the optimal conditions, and likely to decline over time, a margin of safety shall be built into the design to account for a diminished infiltration. 12.To assure that the area drains in 48 hours or less, the system shall be designed with an underdrain and coarse aggregate storage as depicted in Appendix D of the Minnesota Stormwater Manual – “Bioretention/Infiltration/Filtration Facility”, page 723 of 885. This would likely satisfy the above condition. 13.CBMH 1 shall be moved northerly on the site and lowered so that the rim elevation is below 1060 feet. 14.The applicant shall relocate to proposed drain tile outlet for the four most easterly tennis courts. The new outlet shall be between the most southerly court and the next most southerly court. This shall then be connected to CBMH 2 and the outlet for this manhole shall then be sized accordingly. 6 Chanhassen Planning Commission - January 4, 2011 15.A stable emergency overflow shall be provided from the easterly basin to the pond. 16.The applicant shall demonstrate how the filtration swales are to be vegetated. At a minimum, fescues and/or other deep-rooted grasses should be used to promote infiltration. 17.The new outlet elevations are shown to be 1046 feet. It appears that the ordinary high water level (OHW) is at 1045.4 and the normal water level (NWL) is at an unknown elevation but likely at or around 1043.5. The newly proposed outlet shall be set at the NWL. 18.The applicant or their consulting engineer shall develop an operations and maintenance manual for the infiltration/filtration features and that this includes some type of vegetative filter to provide pretreatment of the water entering the system. 19.The applicant shall provide a security in the amount of $4,000 to guarantee erosion control. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CHES MAR REZONINGS AND PUD AMENDMENTS: REQUEST FOR REZONING OF PROPERTY WITHIN CHES MAR TRAILS FROM RURAL RESIDENTIAL (RR) TO PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUDR); REZONING OF ND PROPERTY WITHIN CHES MAR FARM 2 ADDITION FROM PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUDR) TO RURAL RESIDENTIAL (RR); AND AMENDING THE CHES MAR FARM AND CHES MAR TRAILS PLANNED UNIT DEVELOPMENTS. APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 2011- 02. Public Present: Name Address Geri Eikaas 2763 Ches Mar Farm Road Tom Dyvig 7250 Hazeltine Boulevard Kairies: Yes Chairman Aller, members of the Planning Commission. The item before you nd tonight is the proposed rezoning of Ches Mar Farms, Ches Mar Farms 2 Addition and Ches Mar Farm Trails. The properties are bordered by Minnewashta Regional Park to the north, Camp Tanadoona to the south, Highway 41 to the east and Lake Minnewashta to the west. On the side, the way, I just want to point out how each plat is broken up. The blue parcels are part of the Ches Mar Farm Addition. The green property is, which is kind of hard to differentiate, the nd property most to the west, or I’m sorry to the east is Ches Mar Farm 2 Addition, and then the properties in yellow are part of the Ches Mar Trails Addition. The reason for the request before you tonight is that staff noted that there was a mapping error and did some research and upon that research it was noted that there were some inconsistencies with the approved plats and that they’re inconsistent with the actual zoning map so the intentions were not consistent with one 7